Foundation Art Services is not responsible for any damages caused by improper handling, use of electrical products, chemical altercations, installation mishaps, as well as wear and tear caused by weather, climate and environment.
Handling defects include chips, abrasions and breakage that can occur during improper unpacking and movement of pieces, as well as during the installation process. Our products can break or be scratched easily if handled roughly. Once removed from packaging, pieces must be handled with the utmost care to avoid damage.
Certain chemicals commonly present in building and construction activities can be harmful to our products if exposed in large quantity or for an extended period of time.
We provide detailed instructions for the proper care, cleaning and installation of our products. Any damage that occurred during shipment must be reported within 48 hours of arrival at destination. Please keep original packaging.
GENERAL PRODUCT LIMITED WARRANTY
Frametastic Inc. DBA Foundation Art Services (collectively hereafter referred to as “Foundation Art Services”) as the as the sole express limited warranty warrants, to the original purchaser, that the goods purchased (the “Product”) will be free of defects in materials and/or workmanship for the period of time set forth herein. This warranty period will begin from the original date of purchase delivery of the Product to the original purchaser. Except as set forth below, this limited warranty will extend for six months from the date of delivery to the original purchaser.
Foundation Art Services warranty obligation to repair or replace a damaged Product shall be limited to the original purchaser of the Product at the original invoice price of the damaged unit. Labor and freight will not be included.
Foundation Art Services reserves the right to require an inspection of the damaged Product and the site where the damage occurred. Foundation may require the purchaser to ship the Product to the Company for inspection. The damaged Product must remain available for inspection until the claim is finalized. In the event Foundation Art Services requests to inspect the Product, it agrees to communicate its findings pertaining to the alleged defective Product within 45 days of receiving the Product. Whenever claims are settled, Foundation Art Services reserves the right to be subrogate under any existing insurance policies the purchaser may have.
EVENTS THAT VOID WARRANTY
All warranties are null and void if any one or more of the following events occurs: (a) the Product is not provided to Foundation Art Services for inspection upon the Company’s request; (b) Foundation Art Services determines that the Product has been improperly installed, altered in any way or tampered with; (c) Foundation Art Services determines that the Product was not used under normal operating conditions or in accordance with labels or instructions for the Product included; (d) Foundation Art Services determines the Product was not properly maintained, and/or; (e) Foundation Art Services determines that an unauthorized repair, modification, disassembly, or other changes to the Product created the alleged defect. In addition to the foregoing, this warranty does not protect against damage to the Product when Foundation Art Services determines, in its sole discretion, that the damage resulted from improper handling/installation, weather, climate, vandalism, theft, and normal-use wear and tear. This warranty specifically excludes damage, deterioration or discoloration caused by sunlight or similar ultraviolet rays and/or wavelengths and/ or dents, holes or scratches to the unit caused by stones, rocks and/or debris and/or rust and erosion caused by climate.
This warranty contains the sole express limited warranty of Foundation Art Services with respect to the Product and is given in lieu of all other express warranties. There are no other warranties, express or implied, including implied warranty of fitness for a particular purpose and any implied warranties that cannot be waived and/or excluded are hereby limited in duration to the terms of this Warranty.
LIMITATION OF LIABILITY
In no event shall Foundation Art Services or any affiliate of the Company be liable for direct, indirect, special, incidental, consequential, or multiple damages arising out of the use of the Product, regardless of the legal theory on which such claim is based . Consequential damages shall include, but are not limited to, loss of profits, loss of savings or revenue. Some states do not allow limitation on how long an implied warranty lasts, so the above limitation may be applicable.
Foundation Art Services, warrants to the original purchaser, that the Product will be free of defects in materials and/or workmanship for the period of time set forth herein. In the event a defect is found to exist after inspection, Foundation Art Services will, at its option, exchange, or make appropriate adjustments to its mirror product(s) shown to have defects in materials or workmanship that inhibit the functionality of the Product, which are reported to Foundation Art Services in writing within 180 days from the date of delivery. This warranty is limited to the components of the mirror used in Foundation Art Services products. The warranty for defective makeup mirrors is limited to 180 days from the date of delivery.
This warranty is void in the event the Product is damaged in transit, or if damage or failure is caused by abuse, misuse, storage of products in an improper environment, abnormal usage, faulty installation, failure to follow installation instructions, damage in an accident, improper maintenance, or any repair. After the expiration of the six month warranty period, Foundation Art Services has no further obligation under any warranty, either expressed or implied, including the implied warranty of merchantability.
Foundation Art Service products must be installed by a qualified, licensed electrician and operated under suitable environmental conditions and in accordance with the latest National Electrical Code. This warranty will not apply in the event of conditions demonstrating abnormal use or stress, such as operating temperatures in excess of maximum rated temperatures or abnormally high humidity, under/over voltage conditions, excessive switching cycles or operating hours, dirty or cracked sockets, improper grounding, improper lamp or ballast installation, or what is considered normal wear and tear. Foundation Art Services products must also be properly maintained, and may not be cleaned with corrosive or ammonia-based cleaning products or this warranty is void.
Foundation Art Services will not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any incidental, special or consequential damages, including lost profits or revenues or any other costs or damages. Any liability against Foundation Art Services under any implied warranty, including the warranty of merchantability, is expressly limited to the terms of this warranty and shall under no circumstances exceed the price paid to Foundation Art Services for the Product. Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Foundation Art Services reserves the right to examine all failed Product components and determine, in its sole discretion, whether any Product components are defective and covered under this warranty. This warranty does not cover removal or installation costs of products. This limited warranty shall not extend to anyone other than the original purchaser of the Foundation Art Services Product.
Foundation Art Services will replace any of its products damaged in transit if notified within forty-eight hours of receipt of shipment if shipment was through one of Foundation Art Services’ own carriers. Notification of damaged goods must include a copy of the Proof of Delivery and a description of the damaged goods, as well as pictures. If the Product(s) arrive visibly damaged, the extent of damage must be clearly detailed on the Proof of Delivery receipt.
Claims under this warranty should be made directly through Foundation Art Services, contact us using the contact info on our foundaitonhospitality.com website or via your Foundation Art Services sales contact. After contacting Foundation Art Services and receiving a Return Material Authorization Number, the user must promptly return the Product at the user’s expense to Foundation Art Services after receiving instructions as to when and where to ship the Product.